Just because a deed says property’s being transferred to a “trustee” doesn’t make it so. If the deed doesn’t comply with F.S. 689.07′s disclosure requirements, the named trustee is deemed to own the property in fee simple, which …

It used to be so simple. Back in the day trust lawyers had to contend with only three possible players: the settlor, the trustee, or the beneficiary. Today that trio’s often joined by a new creature we’re still not exactly …

If you can prove undue influence, that same evidence should control the outcome of your inheritance case regardless of whether or not you’re litigating a will contest governed by F.S. 732.5165, a joint account case governed by F.S. 655.79…

If a trust protector acts in a way that’s incompetent, vindictive or self-serving, and the trust’s beneficiaries suffer economic loss due to those actions, can they sue him? Maybe. It all depends on whether or not the trust protector is …

“In determining whether a power [of appointment] is exclusionary or nonexclusionary, the power is [presumed to be] exclusionary unless the terms of the power expressly provide that an appointment must benefit each permissible appointee or one or more designated permissible …

Post navigation

About the Author

Juan C. Antúnez is a partner with Stokes McMillan Antúnez P.A., a boutique trusts and estates law firm located in Miami, Florida. Trusts and estates litigation, probate administration and estate planning is all he does as a lawyer.
Read More...

Stay Connected

Topics

Topics

Archives

Archives

Annual Survey of Florida Trusts and Estates Law

This is my running list of significant trust, probate and guardianship related appellate opinions since 2005. If you think I've missed an important appellate decision that deserves wider notice, please let me know. As new appellate decisions are published I'll add them to the list.

Annual Survey of Florida Mediator Ethics Opinions

This is my running list of mediator ethics opinions published since 2012 by the Florida Supreme Court’s Mediator Ethics Advisory Committee (MEAC). Each MEAC opinion is summarized and hyper-linked to the committee’s original source documentation.

About Our Firm

Stokes McMillan Antúnez P.A. is a full service Florida trusts and estates law firm. We offer clients individually tailored estate planning advice that leverages their ability to transfer wealth to future generations while minimizing taxes, risk of loss and family acrimony. We have extensive experience representing individuals, banks and trust companies serving as trustees and personal representatives of Florida trusts and estates. Finally, our collaborative team of litigation, tax, and trusts and estates professionals regularly represents clients in trust and estate matters, both contested and uncontested. We welcome the opportunity to discuss your needs, our qualifications, staffing approaches and fee structures with respect to estate planning, trust and estate administration, and trust and estate litigation.